Immediate dismissal

Summary dismissal
A summary dismissal is a drastic measure, whereby the employee has no work from one moment to the next and therefore no income. It is also possible for an employee to resign immediately, but that occurs in only small numbers. For an employee, a summary dismissal has drastic consequences, as long as there is no income and no entitlement to unemployment benefit, which is why a judge imposes high requirements on the validity of a summary dismissal. There must be a reason that is objectively and subjectively so urgent that the employment contract must be terminated immediately and without notice. In doing so, an employer must weigh up all the relevant circumstances of the case and the dismissal must be given without delay.

Consequences
It is very drastic for an employee to get a summary dismissal, now that he is no longer entitled to unemployment benefit. But there is also a cost for the employer, so that the employee will often challenge the dismissal. Previously, it was possible to annul the dismissal extra-judicially, but since the change in the Work and Security Act, the dismissal can only be challenged through the courts. The application must be submitted to the court within 8 weeks of the dismissal. Many employers use the summary dismissal to submit a request for termination of the employment contract in the event of a cancellation of the dismissal.

In the petition, a demand for continued payment of wages is almost always made, whereby the employee keeps himself available for work. In this way, an employer can still withdraw his dismissal with immediate effect and restore the employment relationship with his employee. 

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within employment law. In the event of a conflict regarding employment law, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The employment lawyers of AGA lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert employment lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523  (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail: E-MAIL: info@agajuristen.nl or contact form on the right side of our website.

More information
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